Publisher's Synopsis
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 edition. Excerpt: ...during the lifetime of both, or must they join? The will is silent as to the purpose for which the power of sale is given, and as to the disposition to be made of the proceeds. It will hardly be presumed that the testator intended that the sisters should take a fee in them, and it does not seem to be a case in which the testator is providing for a possible deficiency in the income to suitably support the life tenants. The sale does not depend upon their needs, but upon their desire. The ordinary provision that the principal may be used for their support, if necessary, is wanting. The estate is considerably over $13,000, and there is no intimation that the income is not ample for their wants. The life tenants are simply authorized to change the investments if they so'desire; and we do not feel justified in so construing the will as to give them a greater power. It is not unlike the case of an ordinary power committed to two or more persons, not coupled with an interest. All must join in executing the power unless the words used indicate a contrary intent. A contrary intent does not appear in this case. The power is joint and not several; therefore the joint action of the two is required. 4. This practically answers the fourth question, that the power must be executed by deed and not by will. 5. It also answers the fifth question in the negative, that is, after the death of one the survivor cannot dispose of the whole or any portion of the estate. 6. What portion does the surviving sister take under the will--the whole or half? The devise is to his two sisters by name " for the term of their natural lives; " and in disposing of the remainder, he pref-aces the first item with the words, " after the decease of both my said...
